Litigation

NHLP is always on the look-out for opportunities to bring our expertise to bear in impact litigation, both in trial and appellate courts, on important matters relating to housing for low-income individuals and families.  This work includes cases strengthening or guarding the rights of tenants and low-income homeowners, advancing or defending protections against unfair discrimination in housing and housing-related services, preserving precious affordable housing stock, and other cases with the potential to significantly affect access to and quality of affordable housing for low-income persons. Hayes v. Harvey (3rd Circuit) defining “good cause” in an enhanced voucher case. McMahon v. JP Morgan Chase (9th Circuit) on the procedural protections in the California Homeowners Bill of Rights Bayview Plaza Tenants Association et al v. Bouma et al– (W.D. Wash.) Suit to enforce the use restrictions following the prepayment of a USDA loan McFalls et al v. Perdue, et al– (D. Or.) Challenging the prepayment of a USDA 515 loan and the legality of the agency’s regulation

Active Cases

Apartment Assn. of Greater Los Angeles v. City of Los Angeles

Coming Soon

Arroyo v. Corelogic Rental Property Solutions, LLC

U.S. District Court – District of Connecticut Cause No. 3:18-cv-00705-VLB Filing Date: April 24, 2018 Claims: Fair Housing Act, Fair Credit Reporting Act, Connecticut Unfair Trade Practices Act Partners: Connecticut Fair Housing Center NHLP Role: Co-Counsel for Plaintiffs Documents:

Aswan Village Associates, LLC v. Opa Locka CDC, Inc.

Amicus Brief

Order

 

Bayview Plaza Tenants Assn. v. Bouma

Coming Soon

Manistee Lake Apts. Tenant Assn. v. Stechschulte

Coming Soon

McFalls v. Perdue

Coming Soon

Shepherd v. Perdue

Coming Soon

Tuttle v. Front Street Partners

Coming Soon

Yim v. City of Seattle

U.S. District Court – Western District of Washington Cause No. 2:18-cv-736-JCC Issue: constitutionality of Seattle’s “Fair Chance Ordinance,” which prohibits the denial of rental housing based on most criminal records. Partners: Sargent Shriver National Center on Poverty Law NHLP Role: Amicus Curiae in support of City of Seattle Documents: Brief of Amicus Curiae

Inactive Cases

Boston Housing Authority v. Y.A.

Supreme Judicial Court of Massachusetts Cause No. SJC-12623 Issues: (1) whether the Violence Against Women Act can be a defense to eviction from public housing for nonpayment of rent when a survivor’s failure to pay rent and arrearages was the direct result of a physically, emotionally, and financially abusive relationship; and (2) whether a public housing authority can lawfully require a survivor to obtain a restraining order against her abuser to avoid eviction from public housing. Partners: ACLU Women’s Rights Project, ACLU of Massachusetts, Sargent Shriver National Center on Poverty Law NHLP Role: Amicus Curiae in support of Y.A. Documents: Brief of amici curiae

Brown v. Azar

Coming Soon

Chambless Enterprises v. Walensky

Coming soon

Fletcher Properties et al. v. City of Minneapolis

Minnesota Court of Appeals Case No. A18-1271 Issue: constitutionality of Minneapolis Ordinance No. 2017-078, which prohibits discrimination housing based on the use of housing vouchers or other “public assistance” benefits to pay rent. Partners: Poverty & Race Research Action Council, Housing Justice Center NHLP Role: Amicus Curiae in support of City of Minneapolis Documents: Brief of Amicus Curiae

KC Tenants v. Byn

Coming Soon

Kontur v. Riverfront Apartments LP

U.S. District Court – Northern District of Ohio Cause No. 3:19-cv-00248 Filing Date: February 1, 2019 Claims: Declaratory Judgment Partners: Advocates for Basic Legal Equality, Inc. NHLP Role: Co-Counsel for Plaintiffs Documents:

Matorin v. Executive Office of Housing & Economic Development

Coming Soon

Moore v. Johankneckt

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Moretalara v. Boston Housing Authority

Coming Soon

Senior Housing Assistance Group v. AmTax Holdings 260, LLC

U.S. District Court – Western District of Washington Cause No. 2:17-cv-01115-RSM Issue: whether the “special right of first refusal” the Low-Income Housing Tax Credit statute (at 26 U.S.C. § 42(i)(7)) gives non-profit housing providers to them a right to purchase those properties and thus maintain the long-term affordability of LIHTC properties. Partners: LeadingAge NHLP Role: Amicus Curiae in support of Senior Housing Assistance Group Documents: Proposed brief of amici curiae

Skyworks v. Centers for Disease Control & Prevention

Coming Soon

Terkel v. Centers for Disease Control & Prevention

Terkel v. CDC Judgment
Analysis/Legal Memorandum regarding a Texas federal court ruling that the CDC Order on Evictions is unconstitutional. The ruling is a declaratory judgment and only applies to the plaintiffs in the case. The CDC moratorium remains in effect for all other landlords and tenants. The Department of Justice has appealed the case. (March 1, 2021)  Brief responding to landlord’s motion in Columbus, Ohio case for for eviction judgment against covered tenant on grounds that CDC eviction halt order is unconstitutional. Discusses Terkel v. CDC case and other federal opinions regarding constitutionality of CDC order. Drafted by Kaci Philpot, Zach Bowerman, and Jyoshu Tsushima of Legal Aid Society of Columbus with supervision of Melissa Benson. (March 4, 2021)

Tiger Lily LLC v. HUD

Coming Soon

Yarbrough v. Decatur Housing Authority

U.S. Court of Appeals for the Eleventh Circuit Cause No. 17-11500 Issue: In the Housing Choice Voucher program, HUD rules require a housing authority to prove the grounds for terminating a family’s assistance by a preponderance of evidence in a so-called “informal hearing” at the housing authority before assistance may be terminated.  The issue in this case, being heard en banc after a panel opinion in the tenant’s favor, is whether a family has a right to challenge a voucher termination in court if the PHA hearing officer upholds the termination even though the housing authority fails to prove that violation by the preponderance of evidence. NHLP Role: Amicus Curiae in support of Appellant Yarbrough Documents: